Professional Documents
Culture Documents
CODE OF CONDUCT & ETHICS
By:
Datuk Paduka Ir. Hj. Keizrul bin Abdullah
Chairman
Disciplinary Committee
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What is Ethics ?
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What is Ethics ?
Example :
• Engineer possess specialist knowledge and training
• Client places trust in the Engineer that the service provided will
be to the client’s best interest
• Engineer must not use the specialist knowledge and training to
exploit the Client e.g. incorporating overly high factor of safety in
his designs
What are Values ?
• Ethics is about Values
• Concise Oxford Dictionary principles or standards of behaviour
• Values A principle, standard or quality considered worthwhile or
desirable
• Our values guide us on what is an appropriate course of action or
what is the right thing to do
• Values reflect a person’s perception/sense of right and wrong, or
what ‘ought’ to do
• As a Professional, we are governed by a set of basic values
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10 Basic Values for Professionals
i. Honesty tell the truth
ii. Legality obey the law
iii. Privacy respect others’ rights
iv. Quality strive for quality products and services for your clients
v. Teamwork work together to meet mutual objectives
vi. Avoid Conflict of Interest be loyal to your Employer/Client and
observe fair play
vii. Cultural Sensitivity blend with diverse cultures in the workplace
10 Basic Values for Professionals
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How is Ethics and Law related ?
Ethics
• All Professional bodies have a Code of Ethics
• However, Ethics relates to morality is abstract and difficult to
determine
• For purpose of enforcement Professional bodies set out a Code
of Conduct
• Conduct how we behave
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What is a Code of Conduct ?
• A set of internally enforced rules or regulations that members of a
Profession must follow
• The main intention is to ensure public safety, prevent exploitation
of the Client, and preserve the integrity of the Profession
• A Code of Conduct may or may not have the same status as a
Law
• However, the Code of Conduct as set out in Part IV of the
Registration of Engineers Regulations 1990 is a subsidiary
legislation enacted under the Registration of Engineers Act 1967
Power to make Regulations
• Section 26 of the Registration of Engineers Act 1967
• The Board may with the approval of the Minister make regulations
to prescribe anything which may be prescribed or is required to be
prescribed under the Act or to enable it to perform any of its
functions or to exercise any of its powers set out in the Act
• The Regulations are binding on all registered Persons and ECPs
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History of the Regulations
1972 The REGISTRATION OF ENGINEERS REGULATIONS 1972 was enacted
(P.U.(A) 290/72)
(Date of operation ‐ 1972)
1990 The REGISTRATION OF ENGINEERS REGULATIONS 1990 was enacted
(P.U.(A) 128/90)
(Date of operation ‐ 1990)
2015 Revised to be REGISTRATION OF ENGINEERS REGULATIONS 1990
(Revised 2015) (P.U.(A) 173/2015)
(Date of Operation ‐ 31st July 2015)
PART IV Code of Professional Conduct
Registration of Engineers Regulations 1990
Part IV
Code of Professional Conduct
Regulation 23 to Regulation 33
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Regulation 23
• Conduct of Registered Person
• Every registered Person shall conduct himself honourably,
responsibly, ethically and lawfully
• honourably in a way that is honest and fair, or that deserves
praise and respect
• responsibly in a way that shows good judgement and the
ability to act correctly
• ethically in a way that is morally right or that relates to moral
principles
• lawfully in a way that is allowed by law
Regulation 24
• Responsibility to employer, client or profession
• A registered Person shall ‐
(a) discharge his professional duties with due skill, care, diligence
and good faith;
(b) at all times hold paramount the safety, health and interest of the
public; and
(c) take reasonable steps to reduce foreseeable adverse effects of
professional engineering services on the environment.
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Regulation 24
• skill do it well
• care pay serious attention especially to the details
• diligence work carefully to ensure it is safe
• good faith done in an honest and sincere way
• paramount more important than anything else
• reasonable based on good judgement and fair and practical
Regulation 25
• Discharge of duties with fidelity
• A registered Person shall discharge his duties to his employer or
client, as the case may be, with complete fidelity.
• fidelity honest and full support, or loyalty
doing the work as if you are doing for yourself
not accepting payment from other party
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Regulation 26
• Reputation etc. of a registered Person not to be injured
• A registered Person shall not maliciously injure or attempt to
maliciously injure whether directly or indirectly, the professional
reputation, prospects or business of another registered Person.
• maliciously in a way that is intended to cause harm, upset or
damage, bad intention
• reputation the opinion people have about someone, the good
name of a person
Regulation 27
• Canvassing and advertising prohibited
• A registered Engineer shall not ‐
(a) canvass or solicit professional employment;
(b) offer any gift or other valuable consideration, or pay a
commission or brokerage fee in order to secure professional
employment;
(c) except as permitted by the Board, advertise in any manner or
form in connection with his profession; or
• canvass try to get support
• solicit to ask for something in a persuasive and determined way
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Regulation 27
• Canvassing and advertising prohibited
• A registered Engineer shall not ‐
(d) provide engineering services to any person, unless the scope
of such services are clearly defined in a written agreement
between both parties; or
(e) offer, give, solicit or receive, either directly or indirectly, any
contribution which may be reasonably construed as having the
effect of intent to influencing the award of a contract.
Circular No. 005
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Regulation 27A
• Canvassing and advertising by an ECP
• An Engineering consultancy practice shall not ‐
(a) canvass or solicit to provide professional engineering services
except as permitted by the Board;
(b) offer any gift or other valuable consideration, or pay a
commission or brokerage fee in order to provide professional
engineering services;
(c) except as permitted by the Board, advertise in any manner or
form any advertisement in connection with the engineering
profession;
Regulation 27A
• Canvassing and advertising by an ECP
• An Engineering consultancy practice shall not ‐
(d) provide professional engineering services to any client, unless
the scope of the services are clearly defined in a written
agreement between both parties; or
(e) offer, give, solicit or receive, either directly or indirectly, any
contribution which may be reasonably construed as having the
effect of intent to influencing the award of a contract.
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Regulation 31
• A registered Engineer or an ECP is not to intervene or to take over the work of
another
• A registered Engineer or an ECP shall not directly or indirectly ‐
(a) supplant or attempt to supplant another registered Engineer or
an ECP;
(b) intervene or attempt to intervene in or in connection with
engineering work of any kind which to his knowledge has already
been entrusted to another registered Engineer or an ECP; or
Regulation 31
• A registered Engineer or an ECP is not to intervene or to take over the work of
another
• A registered Engineer or an ECP shall not directly or indirectly ‐
(c) take over any work of that other registered Engineer or an ECP
acting for the same client unless he has ‐
(i) obtained the consent of that other registered Engineer or an
ECP; or
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Regulation 31
• A registered Engineer or an ECP is not to intervene or to take over the work of
another
• A registered Engineer or an ECP shall not directly or indirectly ‐
(c) take over any work of that other registered Engineer or an ECP
acting for the same client unless he has ‐
(ii) been formally notified by the client that the services of that
other registered Engineer or an ECP have been terminated in
accordance with the provisions of any contract for professional
engineering services entered into between that other registered
Engineer or an ECP and the client, provided always that in the
case of dispute over non‐payment of fees or quantum of any
outstanding fees under the contract, the client may request the
Board to be the stakeholder.
Circular No. 008
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Regulation 32
• Restrictions on being a director, member or shareholder of contracting and
manufacturing company, etc
(1) Except with the prior approval of the Board, a registered Engineer
in an ECP shall not be a director or executive of or substantial
shareholder in or agent for any contracting or manufacturing
company or firm or business related to building or engineering.
(2) If such approval is given, such registered Engineer shall not
undertake any contract work wherein he is engaged to provide
professional engineering services in such project unless it is in
respect of a “design and build” project.
Regulation 33
• Disclosure of interest
• Every registered Engineer while acting in his professional capacity
shall disclose in writing to his client of the fact if he is a director or
member of or substantial shareholder in or agent for any
contracting or manufacturing company or firm or business or has
any financial interest in any such company or firm or business, with
which he deals on behalf of his client.
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Circular No. 001
Circular No. 001
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Infringement of the Regulations
• Any infringement of the Regulations is punishable under Part IV of
the Registration of Engineers Act 1967
• The penalties under Subsection 15(1A) are any or any combination
of the following :
(a) the issuance of a written warning or reprimand;
(b) the imposition of a fine not exceeding fifty thousand ringgit;
(c) the suspension of registration for a period not exceeding two
years;
(d) the cancellation of registration.
Summary
• A Code of Conduct is a set of rules or regulations that members
of a Profession must follow
• The main intention is to ensure public safety, prevent exploitation
of the Client, and preserve the integrity of the Profession
• Failure to comply with the Code of Conduct as set out in Part IV
of the Registration of Engineers Regulations 1990, brings with it
severe consequences
• To assist registered Persons to better understand the Code of
Conduct, BEM has issued several Circulars and conducted
roadshows on a regular basis
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Q & A
THANK YOU
BOARD OF ENGINEERS MALAYSIA
Tingkat 11 & 17, Blok F Ibu Pejabat JKR
Jalan Sultan Salahuddin, 50580 Kuala Lumpur, Malaysia
http://www.bem.org.my
enquiry@bem.org.my or complaint@bem.org.my.
Tel: 03‐26912090; 03‐26107095/96 Fax: 03‐26925017
Disclaimer: This slide is property of BEM and the information cannot be used as official statement from BEM. The information is only valid on the date of it34343434s establishment and you may refer to BEM for new update. 34
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